[lxxxiv. 103]

1822 Jany 16

Codification Offer

?.5 Admission Universal

Necessarily included in the possession of power is impunity - impunity in respect /on the score/ of the exercise of it: impunity in respect of all sufferings imposed on the people by the acts done for procuring in the abovementioned shapes enjoyment and the instruments of it to the rulers: impunity in respect of laws enacted /established/ for the purpose of the sinister sacrifice: impunity in respect of acts done for the same purpose in violation of the then existing laws: exemption from /security against/ punishment and exemption from /security against/ reproach.

On any person bearing part in the production of suffering thus produced by misrule reproach may be cast in either of two /any one of three/ ways: viz

1. By giving indication /affording information/ to the public of the evil-producing /pernicious/ act.

2. By giving the like information with relation to the persons concerned in the commission of it /production of the mischief/

3. By bringing to view the mischiefs resulting from it

4 By exciting by means of general expressions of disapprobation the disapprobation and resentment of the people in relation to the persons concerned in it

By these several means any /all/ such functionaries as in respect of the acts done by them in the exercise of their functions stand exposed to /are by the laws made subject to eventual/ punishment may be exposed not only to reproach but to punishment

On this account it will of course be a /the/ perpetual object with /endeavour/ of both parties in this partnership to prevent /oppose an insuperable bar/ by every means in their power to preserve themselves all such information and all such reproach

Such information may be divulgated and such reproach cast either by oral or by written discourse

The time at which the means employed for the prevention of such divulgation /indication/ and such reproach is either antecedent to the utterance of it or subsequent to the exercise of the obnoxious act

Applied antecedently these means of prevention are preventive compleatly and effectively preventive: not applied except subsequently, they are incompleatly and uncertainly preventive: to what /whatever/ is past they have no application, and as applied to the future they are comparatively inefficient, the effect of them being subject to all the uncertainties that attach upon discovery, prosecution conviction sentence and execution
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    1822 Jany 27

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    The several modifications of the Monarchical interest, and the several branches of the Aristocratical interest: including Aristocracy of ”power•: and do of ”influence• ruling and influential few. all these are so many particular and sinister interests.

    In one /To one common/ sinister point they all concurr /tend/: namely, in the endeavour to suppress throughout the field of politics the liberty of public discussion on political subjects in all its forms: particular that most efficient form the liberty of the press

    Necessary to the possession of despotic /arbitrary/ power © necessarily included in the very idea of power is, /Of despotic power the characteristic is/ coextensive ”impunity•: impunity to the whole extent of the power whatsoever it be. Impunity in respect of all those acts /those misdeeds/ which, on the part of persons /a person/ not possessed of the power would be transgressions, offences, crimes.

    Impunity to be entire and compleatly effective must be such with reference not only to punishment at the hands of the law /legislative/ and /and thus/ of the executive power,¼(¼a¼) but to punishment at the hands of the tribunal of public opinion¼(¼b¼)

    The liberty of public political discussion is inconsistent /incompatible/ /adverse/ with impunity in the case of the persons in question in two /three/ ways: by the indication of misdeeds committed by them /on their part/: and persons acting under /subject to/ their influence 2. by comments on such misdeeds in so far as they are notorious: by general expressions having for their object or tendency, the pointing /directing/ the public displeasure towards such /the/ misdeeds and the misdoers

    (a) The political, including the legal and administrative sanction:

    (b) The popular or moral sanction.
  • Title: [[lxxxiv. 127] 1822 Jany 27]
    Description: [lxxxiv. 127]

    1822 Jany 27

    Codification Offer

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    Members unapt

    Sinister interest

    adverse to people

    Every man is content that every other shall enjoy all such liberty as is not licentiousness: no man is content that any others should enjoy any such liberty as is licentiousness. Licentiousness is all such liberty as a man does not like to see enjoyed by others:

    Every man is content that every other /all others/ should enjoy all such liberty as in the view taken by him of his interest is not repugnant /adverse/ to his interest. No man is content that any others should enjoy any such liberty as in the view by him of his interest is repugnant /adverse/ to his interest: all such liberty is in his eyes and his mouth /discourse/ licentiousness.

    According to the view which every man takes /taken by each man/ of his interest it is his interest not only that no act be done by which limits are set to his power and to the gratification of his appetite for the matter of wealth and for factitious dignity /reputation/, but that no opinions be manifested which are adverse to his opinion, nor any [...?] which are adverse to his [...?]

    It is the interest of a /every/ member of the ruling and influential few that of no misdeeds of his be ever made known /information be possessed/: and that in regard to such as are known no disapprobation be manifested or entertained, nor any comments tending to produce such disapprobation divulgated or made. any such information disapprobation or comment will be licentiousness He will therefore under the name of repressing licentiousness do his utmost towards preventing the existence /the exclusion/ of all such information, mark /token/ of disapprobation, and disapprobation©invoking [?] comment. It will according be his endeavour so to order matters that if possible no such information shall be conveyed, no such disapprobation expressed, no such comments made

    In so far as in his eyes that is not possible, that such information as can not be suppressed shall wear an appearance as little as possible unfavorable to him, such disapprobation as is expressed, expressed in the frame and manner least unfavourable to him, such comments as are made and divulgated, expressed in so far as they are unfavorable to him in a form and manner as weak and inefficient as possible.
  • Title: [[lxxxiv. 128] 1822 Jany 29]
    Description: [lxxxiv. 128]

    1822 Jany 29

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    While for any thing besides untrue assertions of or concerning individual matters of fact the belief of which will be injurious to the reputation of the individuals in question, and these untrue assertions accompanied either with mendacity i.e. with knowledge or belief of their untruth or with [...?] i.e. with culpable facility of belief punishment in any shape is applicable impartiality in the application of punishment © abstinence /abstension/ from employing it as a means /instrument/ of impunity for misdeeds on the part of the ruling and influential few is absolutely impossible. Whatsoever in that way is against them will be beyond the line: whatsoever is for them will be within it.